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RSS Blog – Stowe Family Law

  • Mediation is more than a tick-box exercise
    Having just recently completed my re-accreditation with the Family Mediation Council as an accredited Family Mediator, I noted with interest an article in The Times yesterday titled: Divorce lawyers should stop treating mediation as a box-ticking exercise. I totally agree with the author. Sadly, family lawyers are not actively encouraging and promoting dispute resolution options... […]
    Sushma Kotecha
  • Mother’s failed appeal indicates difficulty of overturning findings of fact
    Often in proceedings relating to arrangements for children following parental separation one party will make allegations against the other that are so serious that they could have a crucial bearing upon the outcome of the case. Obviously, the court must make findings in relation to those allegations, and it often does so at a ‘fact-finding’... […]
    John Bolch
  • Mother wins appeal in desperate no direct contact case
    VB v JD & Others is the latest in a never-ending sad litany of cases I have read over the years involving almost ceaseless litigation between parents over arrangements for their children. Of course, that is not to say that the parents are always the sole cause of that continued litigation – there may also... […]
    John Bolch
  • Will divorce affect my credit rating?
    Divorce and separation often focus on the division of assets: who gets the house? Maintenance for the children? However, many couples must also decide what happens to the debts, in joint and sole names, and ask the question: will divorce affect my credit rating? Changing the legal status of your relationship does not affect your... […]
    Emma Newman
  • Why the continued rise in private law children cases?
    Most months I briefly mention here the latest monthly statistics from Cafcass for care applications and private law demand. I did so last Friday. As regular readers may have noticed, the figures for private law demand have been heading inexorably upwards. I thought it might be time to have a closer look at those figures,... […]
    John Bolch
  • Are you married to an emotional bully?
    Emotional bullies are not happy people. Motivated by fear, their insecurities plague them creating a need to command and dominate others to make up for how vulnerable they feel. Controlling others inflates the bully’s ego, masking their self-confidence issues. Emotional bullies, instead of fists, bully with words (sometimes loudly). They steal the trust, kindness and... […]
    Julian Hawkhead
  • A week in family law: Civil partnerships, coercive behaviour, child support and more
    It appears that the Civil Partnerships Bill, which provides (amongst other things) that opposite-sex couples may enter into a civil partnership, is to become law. The Bill passed its third and final reading in the House of Lords on the 7th of March, and is due to have a few uncontroversial amendments made by the... […]
    John Bolch
  • Determining when a parent retains children in another country
    It is quite a common scenario that parents will agree that one of them may temporarily remove their children to another country. Obviously, the ‘removing’ parent may then decide not to return the children to the country from which they were removed. A critical question may then be: when did the removing parent make that... […]
    John Bolch
  • The thirtieth anniversary of the Children Act
    Incredible how time flies. I remember as if it were yesterday when the Children Act was passed, attending various seminars to familiarise myself with its provisions (the main provisions of the Act did not come into force until 1991). In the following thirty years the Act has gained a familiarity, amongst not just family lawyers... […]
    John Bolch
  • Court of Appeal confirms that third party cannot be ordered to pay lump sum
    It’s not an unusual scenario: a party to financial remedy proceedings does not have the means to pay a lump sum to the other party, but has the ‘benefit’ of funds belonging to a third party. In such circumstances, it can obviously be tempting to seek an order that the third party pay the lump... […]
    John Bolch